Bill Text: TX HB1960 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the automatic expunction of arrest records and files for certain veterans and the waiver of fees and costs charged for the expunction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-08 - Left pending in committee [HB1960 Detail]
Download: Texas-2015-HB1960-Introduced.html
84R4564 GCB-D | ||
By: Canales | H.B. No. 1960 |
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relating to the automatic expunction of arrest records and files | ||
for certain veterans and the waiver of fees and costs charged for | ||
the expunction. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 55.01(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) A person who has been placed under a custodial or | ||
noncustodial arrest for commission of either a felony or | ||
misdemeanor is entitled to have all records and files relating to | ||
the arrest expunged if: | ||
(1) the person is tried for the offense for which the | ||
person was arrested and is: | ||
(A) acquitted by the trial court, except as | ||
provided by Subsection (c); or | ||
(B) convicted and subsequently: | ||
(i) pardoned for a reason other than that | ||
described by Subparagraph (ii); or | ||
(ii) pardoned or otherwise granted relief | ||
on the basis of actual innocence with respect to that offense, if | ||
the applicable pardon or court order clearly indicates on its face | ||
that the pardon or order was granted or rendered on the basis of the | ||
person's actual innocence; or | ||
(2) the person has been released and the charge, if | ||
any, has not resulted in a final conviction and is no longer pending | ||
and there was no court-ordered community supervision under Article | ||
42.12 for the offense, unless the offense is a Class C misdemeanor, | ||
provided that: | ||
(A) regardless of whether any statute of | ||
limitations exists for the offense and whether any limitations | ||
period for the offense has expired, an indictment or information | ||
charging the person with the commission of a misdemeanor offense | ||
based on the person's arrest or charging the person with the | ||
commission of any felony offense arising out of the same | ||
transaction for which the person was arrested: | ||
(i) has not been presented against the | ||
person at any time following the arrest, and: | ||
(a) at least 180 days have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a Class C misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(b) at least one year has elapsed from | ||
the date of arrest if the arrest for which the expunction was sought | ||
was for an offense punishable as a Class B or A misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(c) at least three years have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a felony or if there was a | ||
felony charge arising out of the same transaction for which the | ||
person was arrested; or | ||
(d) the attorney representing the | ||
state certifies that the applicable arrest records and files are | ||
not needed for use in any criminal investigation or prosecution, | ||
including an investigation or prosecution of another person; or | ||
(ii) if presented at any time following the | ||
arrest, was dismissed or quashed, and the court finds that the | ||
indictment or information was dismissed or quashed because: | ||
(a) the person completed a veterans | ||
court program created under Chapter 124, Government Code, or former | ||
law; | ||
(b) the person completed a pretrial | ||
intervention program authorized under Section 76.011, Government | ||
Code, other than a veterans court program created under Chapter | ||
124, Government Code, or former law; | ||
(c) [ |
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been made because of mistake, false information, or other similar | ||
reason indicating absence of probable cause at the time of the | ||
dismissal to believe the person committed the offense; or | ||
(d) [ |
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information was void; or | ||
(B) prosecution of the person for the offense for | ||
which the person was arrested is no longer possible because the | ||
limitations period has expired. | ||
SECTION 2. Section 1a, Article 55.02, Code of Criminal | ||
Procedure, is amended by adding Subsection (a-1) to read as | ||
follows: | ||
(a-1) A trial court dismissing a case following a person's | ||
successful completion of a veterans court program created under | ||
Chapter 124, Government Code, or former law, if the trial court is a | ||
district court, or a district court in the county in which the trial | ||
court is located shall enter an order of expunction for a person | ||
entitled to expunction under Article 55.01(a)(2)(A)(ii)(a) not | ||
later than the 30th day after the date the court dismisses the case | ||
or receives the information regarding that dismissal, as | ||
applicable. Notwithstanding any other law, a court that enters an | ||
order for expunction under this subsection may not charge any fee or | ||
assess any cost for the expunction. | ||
SECTION 3. Section 2(a), Article 55.02, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) A person who is entitled to expunction of records and | ||
files under Article 55.01(a)(1)(B)(i) or under Article | ||
55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person | ||
who is eligible for expunction of records and files under Article | ||
55.01(b) may file an ex parte petition for expunction in a district | ||
court for the county in which: | ||
(1) the petitioner was arrested; or | ||
(2) the offense was alleged to have occurred. | ||
SECTION 4. Article 102.006(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) The fees under Subsection (a) shall be waived if[ |
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(1) seeks expunction of a criminal record that relates | ||
to an arrest for an offense of which the person was acquitted, other | ||
than an acquittal for an offense described by Article 55.01(c), [ |
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and | ||
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than the 30th day after the date of the acquittal; or | ||
(2) is entitled to expunction under Article | ||
55.01(a)(2)(A)(ii)(a) after successful completion of a veterans | ||
court program created under Chapter 124, Government Code, or former | ||
law. | ||
SECTION 5. Section 124.001(b), Government Code, is amended | ||
to read as follows: | ||
(b) If a defendant successfully completes a veterans court | ||
program [ |
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attorney representing the state and a hearing in the veterans court | ||
at which that court determines that a dismissal is in the best | ||
interest of justice, the veterans court shall provide to the court | ||
in which the criminal case is pending information about the | ||
dismissal and shall include all of the information required about | ||
the defendant for a petition for expunction under Section 2(b), | ||
Article 55.02, Code of Criminal Procedure. The court in which the | ||
criminal case is pending shall dismiss the criminal action against | ||
the defendant and: | ||
(1) if that trial court is a district court, the court | ||
shall enter an order of expunction on behalf of the defendant under | ||
Section 1a(a-1), Article 55.02, Code of Criminal Procedure; or | ||
(2) if that trial court is not a district court, the | ||
court shall forward the appropriate dismissal and expunction | ||
information to a district court with jurisdiction to enter an order | ||
of expunction on behalf of the defendant under Section 1a(a-1), | ||
Article 55.02, Code of Criminal Procedure. | ||
SECTION 6. (a) Except as provided by Subsection (b) of | ||
this section, this Act applies to the expunction of arrest records | ||
and files for a person who successfully completes a veterans court | ||
program under Chapter 124, Government Code, or former law before, | ||
on, or after the effective date of this Act, regardless of when the | ||
underlying arrest occurred. | ||
(b) The change in law made by this Act to Article 102.006, | ||
Code of Criminal Procedure, applies to the fees charged or costs | ||
assessed for an expunction order entered on or after the effective | ||
date of this Act, regardless of whether the underlying arrest | ||
occurred before, on, or after the effective date of this Act. | ||
(c) For a person who is entitled to expunction under Article | ||
55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as amended by | ||
this Act, based on a successful completion of a veterans court | ||
program under Chapter 124, Government Code, or former law before | ||
the effective date of this Act, notwithstanding the 30-day time | ||
limit provided for the court to enter an automatic order of | ||
expunction under Section 1a(a-1), Article 55.02, Code of Criminal | ||
Procedure, as added by this Act, the court shall enter an order of | ||
expunction for the person as soon as practicable after the court | ||
receives written notice from any party to the case about the | ||
person's entitlement to the expunction. | ||
SECTION 7. This Act takes effect September 1, 2015. |